on the constitutionality of a new anti-nudity law before it's set to take effect february 1st. public nudity activists who filed a federal lawsuit seeking to invalidate the new law argue it violates their first amendment rights. they say nudity is a form of expression. but in court today, the deputy city attorney argued that simply disrobing in public doesn't send any clear political message. instead she told the judge, it's a threat to public safety. >> there's concern about public safety, about distracting drivers, about obstructing the free philosophy pedestrian traffic. there's concerns about the harms that people feel when they are exposed to nudity unwillingly. >> to the extent that the power that the city has the power tore, quote unquote, protect the health and welfare of the citizenry, it can only act when it actually and only is based on science. and not rumor. facts and not prejudice. >> before and after the hour-long hearing, nude activists staged protests outside of the federal courthouse. they also say they'll appeal if the judge lets the law stand. kimberly terry, nbc bay area news. >> than
